New bill seeks to limit Cogta minister's power on the state of disaster

FF+ leader Pieter Groenewald yesterday sponsored private members bill that seeks to give the power to the National Assembly to extend the state of disaster should the new bill passed into law.

The bill was adopted by Co-operative governance and traditional affairs (Cogta) portfolio committee yesterday.

“The Disaster Management Act does not provide adequate legislative accountability and oversight over the regulations published in terms of it. The duration of the state of disaster nor in respect of the ex tension of a state of disaster,” Groenewald said during his presentation to the committee.

Groenewald said in a constitutional democracy, legislation and regulations which have such an impact on citizens and their human rights should be subject to more legislative accountability, scrutiny and over sight.

SA is currently under a state of dis aster in response to the Covid-19 pandemic.

However, Ane Bruwer from the National Disaster Management Centre told the commit tee yesterday that Cogta was opposed to amendment of the act.

The state of disaster was declared in March last year but Dlamini-Zuma has extended it several times for the national government to be able to keep lockdown regulations in place. 

FF+ is one of the political parties that have gone to court to challenge Dlamini-Zuma’s powers given to her by the Disaster Management Act.

“The objectives [of the bill] are firstly to amend the Disaster Management Act in order to amend the duration of a state of disaster. Furthermore, the bill provides that only the National Assembly, the provincial legislature or a municipal council may resolve to extend a declaration of a national, provincial or local state of disaster, respectively, and for how long,” said Groenewald.

Ane Bruwer, from the National Disaster Management Centre, told the committee Cogta was opposed to the amendment of the act as it stands.

She said the proposed amendments to the act may be counterproductive. 

“The minister, a premier and a council [are] sufficiently empowered by section 27.41 and 54.5 of the Disaster Management Act to make regulations, bylaws and directions. The courts have found the assignment of these functions is constitutional and functional,” said Bruwer.

She said the legislature should continue in its functions of oversight on the regulations for a state of disaster to ensure their applications were in line with the rule of law.

“The bill in its current format seeks to alter the system in a way that may be counterproductive and hamper the speed and efficiency in which a disaster should be managed,” said Bruwer.

Committee chairperson Faith Muthambi told the meeting the committee would take charge of the bill and send it out for public participation.

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